01-10-2012 - General Plan Amendment No. 11-01Zone Change No. 11 - No. 2 attach 9 (2).doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DENYING ZONE CHANGE NO. 11-01
______________________________________________________________________________
ZONE CHANGE NO. 11-01
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Eric Chen, Creative Design Associates, Inc
LOCATION: 1607 West Covina Parkway (Southeast corner of West Covina Parkway and West Garvey Avenue South - Civic Center)
WHEREAS, there was filed with this City a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from:
“Public Building” (P-B) to “Neighborhood Commercial” (N-C),
on that certain property generally described as follows:
Assessor Parcel No. 8474-001-906, in the records of the Los Angeles County Assessor; and
WHEREAS, the proposed zone change (No. 11-01) is requested to provide consistency between the General Plan and Zoning Map, and to establish zoning standards for the subject project;
and
WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment to change the land use designation on the subject property from “Public Facilities” to
“Service and Neighborhood Commercial”; and
WHEREAS, a precise plan (No. 11-02) for the site plan and architecture and a tree removal permit (No. 11-04) to remove significant trees has been submitted for the development of the
project; and
WHEREAS, a variance (No. 11-08) from parking requirements has been submitted for the development of the project; and
WHEREAS, a tentative tract map (No. 71595) has been submitted, for the subdivision of the lot to allow 39 office condominiums and create a parcel; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 22nd day of November, 2011, conduct a duly noticed public hearing to consider the subject application
for a Zone Change, at which time the Planning Commission adopted Resolution No. 11-5449 recommending denial of the application; and
WHEREAS, on December 1, 2011, an appeal of the Planning Commission action was filed by Peichin Lee, CGM Development, Inc; and
WHEREAS, the City Council did, on the 10th day of January, 2012, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission,
Planning Department, and other interested parties; and
WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts:
The project consists of a plan to approve the design and allow the construction of four-story medical office building with 39 condominium units and a surface parking lot with 218 parking
spaces on an approximately 2.69-acre development site. In addition, the project includes the expansion of the parking lot on the south side of the library to 129 parking spaces.
The project includes a General Plan amendment to change the land use designation from “Public Facilities” to “Service and Neighborhood Commercial.”
The project includes a zone change requesting to change the zone from “Public Building” (P-B) to “Neighborhood Commercial” (N-C).
The project includes a precise plan for the architecture and site plan layout for the proposed project and a tree removal permit to remove 15 trees located in the front yard setback.
The proposal requires the approval of variance to deviate from parking requirements.
The applicant is requesting approval of a tentative tract map to subdivide the building into medical office condominiums.
Findings necessary for approval of a zone change are as follows:
a. There are changed conditions since the existing zoning became effective to warrant other or additional zoning.
b. The proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area.
c. A change of zone will be in the interest or furtherance of the public health, safety, and general welfare.
d. The approval of such a change of zone will not adversely affect the comprehensive General Plan so adopted by the City.
e. The approval of such a zone change is consistent with the General Plan or applicable specific plans.
Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared indicating that although
the project could have a significant effect on the environment, there will not be a significant effect due to mitigating measures.
WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows:
a. The City of West Covina General Plan has not been comprehensively updated since 1985. The area has remained developed in the same manner for the past 20 years with buildings near
the Civic Center being remodeled or adapted for different uses. The City has not conducted a study of the area to consider different types of land uses within the area that warrants
a zone change. The purpose of the Civic Center Overlay Zone is to provide for the orderly, harmonious, and attractive development of the area around the public buildings in order to
protect and preserve the character and integrity of the public and private investment and to encourage the development of the areas as focal point for the community. The intent has
remained in place since the last General Plan update in 1985. Furthermore, the socio-economic impact section of the general plan states, “it is the primary intent of the City of West
Covina that the General Plan reflect the needs and desires of its citizens and reinforce the City as a community of quality, stability and taste. More specifically, the Land Use Plan,
by
implementing good planning principals within the framework of sound environmental practices must ensure that future development meets the socio-economic needs of the citizenry, while
at the sate time maintaining a high level of environmental quality”. The proposed project would yield to destruction of the character and setting of the Civic Center by allowing the
removal of 141 trees and earthen berms. The proposed building is not compatible in height, design, and use with the rest of the public facility building, which is contrary to the objectives
for the area as stated in the General Plan and the West Covina Municipal Code.
d. The proposed zone change is not consistent with the General Plan. The Environmental Quality Element of the General Plan Goal No. 18 states that “whenever appropriate, maintain existing
vegetation to prevent soil erosion, provide scenic beauty and protection of water resources.” Although, the General Plan recognizes that the City has not officially designated scenic
highways, the General Plan states that “Within West Covina, scenic highways may be categorized a being either Urban or Hillside. Urban Scenic Highways generally serve as thoroughfares
leading to the heart of the West Covina Civic Center area, border the Central Business District area, or, in the case of Azusa Avenue, are the primary north-south roadways through the
City. Minimum standards for these roadways should include a ten-foot wide landscaped median strip, distinctive street lighting, specially designed bus stop areas, and an incorporated
theme for sidewalk treatment, landscaping and crosswalks”. Therefore, the grading and removal of the existing trees would be contrary to the concept of preserving street/highways scenic
views of the General Plan.
NOW, THEREFORE, the City Council of the City of West Covina, California, does resolve as follows:
SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above Zone Change No. 11-01 is hereby found not to be consistent with the City's General Plan and the
land uses permitted within said zone classification.
SECTION NO. 2: The City Clerk shall certify to the passage of this Resolution.
PASSED AND APPROVED on this 10th day January, 2011.
ATTEST: Mayor
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of West Covina, California,
at a regular meeting thereof held on the 10th day of January, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM:
City Clerk
City Attorney